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Ordinance 17-012 Service Contracts CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 17-012 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING CHAPTER 3.35, 3.40, 3.41, AND 3.42 SPOKANE VALLEY MUNICIPAL CODE (SVMC) RELATING TO PUBLIC WORKS; AMENDING CHAPTER 3.46 SVMC RELATING TO SERVICE CONTRACTS; AND OTHER MATTERS RELATING THERETO. WHEREAS,Title 39 RCW authorizes a city to adopt policies and procedures within its jurisdiction for contracting and purchasing; and WHEREAS, pursuant to Ordinance No. 15-022, the City of Spokane Valley adopted comprehensive provisions in Title 3 of the Spokane Valley Municipal Code (SVMC) to provide for contracting and purchasing on behalf of the City,which provisions became effective May 1,2016; and WHEREAS, in 2017,pursuant to Senate Bill 5734,the Washington State Legislature amended the amounts cities are authorized to retain in lieu of required payment and performance bonds for certain public works contracts; and WHEREAS,the City has identified provisions of chapter 3.46 SVMC to amend to allow increased efficiency and necessary flexibility to protect the best interests of the City and its citizens; and WHEREAS, the City Council has determined that it is appropriate and necessary to revise the SVMC provisions to reflect changes in state law and to increase efficiency for both staff and the public with which the City contracts. NOW THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. Amendment. Chapter 3.35 SVMC is amended as follows: 3.35.005 Definitions. The terms defined in this section shall apply to this chapter and Chapters 3.40, 3.41, 3.42, 3.45, 3.46, 3.47, 3.48, and 3.49 SVMC and shall have the following meanings: "Architectural and engineering services" means professional services rendered by any person, other than an employee of the City,contracting to perform activities within the scope of the general definition of professional practice in Chapter 18.08, 18.43, or 18.96 RCW. "Bid" means an offer submitted by a bidder to furnish services, labor, supplies, materials, goods, equipment, and other property in conformity with the specifications, delivery terms, and conditions, and other requirements included in the invitation for bids or otherwise required by the City. "Bid bond"means a bond or other appropriate bid proposal deposit as approved in advance by the City,the purpose of which is to provide security to the City in the event the successful bidder fails to enter into a contract with the City. Ordinance 17-012 Page 1 of 12 "Bidder" means a firm or individual who regularly maintains a place of business, transacts business, solicits business, or maintains an inventory of merchandise for sale in, and whose business is registered with,the City and who submits or has submitted a bid to the City. "Bidding" means the procedure used to solicit quotations on price and delivery from prospective suppliers of contractual services, materials, goods, and equipment which can be through either a formal or informal competitive bid process. "Capital equipment" means any equipment of the City having an initial value of$5,000 or more and an estimated useful life of three or more years. "Change orders" and "requests for additional work" mean a request for additional or alternative services, work or procurement where there are changed conditions, a requirement that extra work or service be performed,or such other circumstances that necessitate a modification to the contract, and where such additional or alternative services, work, or procurement is in the best interest of the City. "City Manager"means the city manager or designee. "City property" means any property or equity interest in real or personal property held or owned by the City. "Consultant"means any person providing professional services to the City who is not an employee of the City. "Contractual services" means services provided by professional and general service contracts to accomplish a particular project or service. "Person" means any individual, organization, group, association, partnership, firm,joint venture, corporation, or any combination thereof. "Public work"has the meaning set forth in RCW 39.04.010, as adopted or maybe amended. "Purchase"means the acquisition of supplies, materials, goods or equipment, and other property. "Purchase order"means a written authorization calling on a vendor or supplier to furnish supplies, materials, goods, equipment, and other personal property to the City with a promise for payment to be made later. "Purchasing agent" means a person who purchases supplies, materials, goods, equipment, and other property on behalf of the City. "Requisition" means a standard form providing detailed information as to quantity, description, estimated price, possible vendors, fund account, signature, and other information necessary to make purchasing decisions. Ordinance 17-012 Page 2 of 12 "Responsible bidder" means a bidder who meets the requirements set forth in RCW 39.04.350 as adopted or may be amended. Additionally, a bidder shall prove by experience or information furnished to the satisfaction of the City Manager that current financial resources, production or service facilities, service reputation and experience are adequate to make satisfactory delivery of supplies of acceptable quality, equipment, or contractual services and who has not violated or attempted to violate any provision of this chapter. In addition to price, the City shall take into account the following when determining the responsible bidder: 1. The ability, capacity, and skill of the bidder to perform the contract or provide the service required; 2. The character, integrity, reputation,judgment, experience, and efficiency of the bidder; 3. Whether the contractor can perform the required work within the time specified by the City; 4. Quality of the contractor's performance under previous contracts with the City or other governmental entity; and 5. The previous and existing compliance by the contractor with laws relating to contracts or services with the City. The five supplemental criteria described above shall be included in the documents for all bids so prospective bidders may be aware of such supplemental criteria. The City may include additional supplemental criteria as provided in RCW 39.04.350 for particular projects as is determined necessary. 3.35.010 Contract authority. A.The City Manager is authorized to enter into contracts,contract modifications, or change orders without city council approval when the aggregate amount of the contract and all existing contract amendments or change orders does not exceed $200,000, except pursuant to subsection C of this section. B. Any contract, contract amendment, and/or change order in excess of the City Manager's authority shall require prior approval of the city council. C. On contracts for which prior city council approval is required and received, the City Manager shall have authority to execute any amendments or change orders which,when aggregated,are less than 15 percent of the original contract amount, or up to $200,000, whichever is less. D. The city council finance committee is authorized to approve change orders on short notice that are in excess of the amounts authorized in subsection C of this section, in circumstances where such a change order is necessary to avoid a substantial risk of harm to the City. In such an event, the City Manager shall provide appropriate information to the city council at its next regular meeting setting forth the factual basis for the action. Ordinance 17-012 Page 3 of 12 E. Change orders shall only be approved if they are for additional or alternative services, work or procurements that are within the scope of purpose and intent of the original bid and contract. 3.35.020 Rules and policy. The City Manager may develop rules,policies, and procedures to implement this chapter. 3.35.030 Administration. Under the direction of the City Manager, the contracting and purchasing procedures shall be administered pursuant to this chapter through Chapter 3.49 SVMC and other applicable laws, including all applicable state and federal laws. The City Manager shall have the responsibility to: A. Administer and maintain the contracting process and the purchasing system according to the rules and regulations established or authorized by applicable ordinances and statutes. B. Coordinate the negotiation, purchase, and disposition of all City supplies, materials, and equipment in consultation with City staff C. Seek to obtain a competitive price on all City contracts or purchases by bidding, submitting requests for proposals and qualifications,using a small works roster, consultant roster, and vendor list, or negotiating on such contracts or purchases as appropriate, unless otherwise specifically excluded in this chapter through Chapter 3.49 SVMC. D. Prescribe and maintain such administrative policies, procedures, and forms as are reasonably necessary to implement this chapter through Chapter 3.49 SVMC. E. Coordinate the inspection of all City-purchased equipment to ensure conformance with specifications. F. Ensure that the small works roster(s), consultant roster(s), vendors list(s), and other records needed for the efficient operation of the purchasing system are maintained. G. Maintain the property inventory and fixed asset systems of the City. H. Determine the need for any routine preventive maintenance contracts on various pieces of equipment, and to establish and maintain said maintenance contracts. I. Periodically prepare a comprehensive list of surplus, worn out, or obsolete City-owned equipment.Items which cannot be used or reassigned to another department shall be recommended for disposal pursuant to SVMC 3.49.020. 3.35.040 Prohibited practices. The following types of purchasing and bidding practices are hereby prohibited and may result in disqualification of the bid,proposal, or procurement quote: A. Collusion Among Bidders. Any agreement or collusion among bidders, prospective bidders, vendors or prospective vendors to either buy or sell or fix prices in restraint of free competition. Ordinance 17-012 Page 4 of 12 Such bidders or vendors may be subject to exclusion from future bidding or procurement processes with the City when determined by the City Manager to be in the best interests of the City. B. Disclosure of Formal Bid Contents. Any disclosure of information contained in the sealed bid prior to bid opening.Notwithstanding anything herein to the contrary,all bids submitted by bidders taking advantage of any information revealed contrary to this section shall become null and void. C. Gratuities. In accordance with high standards of behavior,the acceptance of any gift or gratuity in the form of cash,merchandise,or any other thing of value by an official or employee of the City from any bidder,vendor or contractor, or prospective bidder,vendor, or contractor. D. Employee-Owned Businesses. Obtaining City goods or services from businesses in which City officials, employees, or their immediate family members have a majority ownership interest or otherwise exceed the"interests" standards pursuant to Chapter 42.23 RCW. E. Sale of Materials and Supplies. The City acquiring goods or services for any private party, or selling its materials or supplies to City officials, employees or the public except when such materials have been declared surplus and disposed of pursuant to Chapter 3.49 SVMC. Section 2. Amendment. Chapter 3.40 SVMC is amended as follows: 3.40.010 Competitive bidding—Public work in excess of$300,000. For public work contracts in excess of$300,000, the following competitive bid process shall be used. When using federal funds, the City shall also comply with all mandatory federal requirements. A. Publication of Notice. Sealed bids shall be invited by a single publication in a newspaper of general circulation at least 13 days before the date and time set for receiving such bids, and shall include an estimate of the probable cost, together with a description of the work, and shall state that plans/specifications may be obtained from the City, and include the manner, place, date, and time for submitting a bid to the City. The City Clerk shall also post notice of the request in a public place. B. Rejection of Bids. The City Manager may reject, without cause, any and all bids and may re- advertise for bids pursuant to the procedures herein described. If no bids are received on the first call or any subsequent re-advertisement, the City Manager may negotiate a contract with a contractor at the lowest cost possible to the City. C. Performance and Payment Bonds. Before entering into a contract for any public work or work by contract on which prevailing wage is required to be paid, regardless of the amount of such contract except as provided below, a performance bond and a payment bond shall be required in such amounts as are reasonably necessary to protect the best interests of the City and to ensure complete,proper and full performance of the contract and full payment of all laborers,mechanics, and subcontractors and material suppliers. A performance bond and a payment bond shall be required on all public work projects pursuant to RCW 39.08.010 through 39.08.030, as adopted or Ordinance 17-012 Page 5 of 12 amended. Performance and payment bonds shall be released upon completion of all necessary performance and payment conditions. Pursuant to RCW 39.08.010, for certain public works and works by contract on which prevailing wage is required to be paid, at the contractor's option, the City may, in lieu of requiring payment and performance bonds, retain a percentage of the contract amount until the later of 30 days after final acceptance or until receipt of all necessary releases from the Washington State Department of Revenue,the Employment Security Department,and the Washington State Department of Labor and Industries and settlement of any labor, material, or tax liens filed pursuant to Chapter 60.28 RCW. This option is only available for contracts at the amount set forth in RCW 39.08.010 as adopted or hereafter amended. The amount retained by the City shall be the amount as set forth in RCW 39.08.010. Retainage in lieu of payment and performance bonds may only be used by the City for contracts when the requirement of bonds substantially increases the cost of the contract. D.Bid Bonds.As a condition of bidding,a bid bond in the amount of five percent of the bid amount shall be required. Such bid bond shall be required on all formally bid public work construction projects, and shall be due at such time as the bid is submitted to the City. When the contract is let, all bid bonds shall be returned to the bidders except that of the successful bidder, which shall be retained until a contract is entered into and a bond to perform the work furnished as provided above. If the successful bidder fails to enter into the contract in accordance with the bid within 10 days from the date at which the bidder is notified of bid award,the bid bond shall be forfeited. E. Award of Bid. Except as otherwise provided herein, the City will accept the bid of the lowest responsible bidder. F. Award to Other Than Low Bidder. When the bid award is not given to the lowest responsible bidder, a full and complete statement of the reasons shall be prepared by the City Manager and placed in the City file relating to the transaction. 3.40.020 Exemptions to competitive bidding requirements. The following types of purchases are exempt from competitive bidding requirements. The factual basis for any purchase deemed exempt pursuant to subsections A through C of this section shall be filed with the contract with the City Clerk and shall be open to public inspection. A. Sole Source or Equipment Repair. Purchases which by their nature are not adapted to competitive bidding, such as purchases which are clearly and legitimately limited to a single source, and contracts to repair equipment owned by the City which may be more efficiently accomplished by a certain person or firm with previous experience on the equipment. B. Special Facilities or Market Conditions. Purchases involving special facilities or market conditions that generally relate to acquisition of unique facilities that may be specially manufactured or not otherwise generally available. Special market conditions may require immediate acquisition based upon a favorable offer,including,but not limited to,liquidation sales, public or private party offers, and similar circumstances where the acquisition can be obtained at below-market value. Ordinance 17-012 Page 6 of 12 C. Emergency Public Work Projects. In the event that an emergency should arise which requires immediate action on the part of the City to protect the health, safety, or welfare of the citizens of the City and where it is not possible to timely adhere to the bidding practices set forth above, the person authorized by state law or otherwise designated by the city council to act in the event of an emergency may declare an emergency situation exists, waive competitive bidding requirements, and award all necessary contracts to address the emergency situation. If a contract is awarded pursuant to this subsection without bidding due to an emergency,a written finding of the existence of an emergency shall be made by the governing body or its designee and duly entered of record no later than two weeks following the award of the contract. For purposes of this subsection,an emergency means unforeseen circumstances beyond the control of the City that either: (1) present a real immediate threat to the proper performance of essential functions; or (2) will likely result in material loss or damage to property,bodily injury, or loss of life if immediate action is not taken. D. Auction. The purchase of supplies, materials, or equipment not exceeding a cost of$200,000 through auctions conducted by the government of the United States or any agency thereof, any agency of the state of Washington, any municipality or other government agency, or any private party, may be authorized by the City Manager if the item may be obtained at a competitive cost. E. Exchanges. By mutual agreement, the City may exchange supplies, materials, services, or equipment with other public agencies. Section 3. Amendment. Chapter 3.41 SVMC is amended as follows: 3.41.010 Small works roster. The City Clerk shall maintain one or more small works rosters comprised of contractors who (A) have requested to be on the roster, and (B) are properly licensed or registered to perform contracting work in the state of Washington. A small works roster may be used in lieu of formal sealed competitive bid procedures to award contracts for public work where the estimated cost of the work is $300,000 or less. Small works rosters shall be maintained pursuant to the laws of the state of Washington as now enacted or hereafter amended. 3.41.020 Creation of separate small works rosters. The City may elect to establish small works rosters for different specialties or categories of anticipated work with such rosters making distinctions between contractors based upon such specialties or work. 3.41.030 Maintenance of small works roster. Small works rosters shall be maintained as follows: A.At least once per year,the City Clerk shall publish in a newspaper of general circulation a notice of the existence of the small works roster(s) and soliciting the names of contractors for such small works roster(s). The City Clerk shall place on each small works roster the names of qualified contractors who respond to the published notice requesting to be included on each small works roster. Thereafter, the City Clerk shall add to each small works roster the names of contractors who submit a written request and appropriate records. Ordinance 17-012 Page 7 of 12 B. In order to be included on a small works roster, the contractor shall supply information on a contractor qualification form developed by the City. The contractor qualification form shall include, at a minimum,the name, address, e-mail address and phone number of the contractor,the contractor's Washington registration number,the contractor's insurance company,the contractor's bonding company, and the contractor's area or areas of work. 3.41.040 Use of small works rosters. II A. The City may utilize a small works roster when seeking to construct any public work or improvement with an estimated cost including labor, material, supplies, and equipment of $300,000 or less. B. Procedures shall be established for securing quotations from contractors on the appropriate small works roster to ensure that a competitive price is established and to award contracts to the lowest responsible bidder, as provided in subsection C of this section. Invitations for bids shall include the scope and nature of the work to be performed as well as materials and equipment to be furnished.Detailed plans and specifications need not be included in the invitation. Quotations shall be invited from all appropriate contractors on the appropriate small works roster. C. When awarding a contract for work from a small works roster,the City shall award the contract to the lowest responsible bidder.However,the City reserves the right under applicable law to reject any or all bids and to waive procedural irregularities in the bid or bidding process. D. The City may receive bids in writing,which may be submitted electronically.The time and date of receipt shall be recorded to ensure all bids are presented in a timely fashion for review and consideration. After expiration of the time and date for submission of all bids or quotations, the City shall review the bids submitted and either offer a contract to perform the public work or reject all bids. E. The City shall post on the City's website a list of the contracts awarded pursuant to this chapter at least once every year. The list shall contain the name of the contractor or vendor awarded the contract, the amount of the contract, a brief description of the type of work performed or items purchased under the contract and the date it was awarded. The list shall also state the location where the bid quotations for these contracts are available for public inspection. F. A contract awarded from a small works roster under this chapter need not be advertised in a legal newspaper of general circulation. Immediately after an award is made, the bid quotations shall be recorded, open to public inspection, and available by telephone inquiry. G. Performance and Payment Bonds. Before entering into a contract for any public work or work by contract on which prevailing wage is required to be paid, regardless of the amount of such contract except as provided below, a performance bond and a payment bond shall be required in such amounts as are reasonably necessary to protect the best interests of the City and to ensure complete,proper and full performance of the contract and full payment of all laborers,mechanics, and subcontractors and material suppliers. A performance bond and a payment bond shall be required on all public work projects,as provided for and in the manner set forth in RCW 39.08.010 Ordinance 17-012 Page 8 of 12 through 39.08.030, as adopted or amended. Performance and payment bonds shall be released upon completion of all necessary performance and payment conditions. Pursuant to RCW 39.08.010, for certain public works and works by contract on which prevailing wage is required to be paid, at the contractor's option,the City may, in lieu of requiring payment and performance bonds, retain a percentage of the contract amount until the later of 30 days after final acceptance or until receipt of all necessary releases from the Washington State Department of Revenue,the Employment Security Department,and the Washington State Department of Labor and Industries and settlement of any labor, material, or tax liens filed pursuant to Chapter 60.28 RCW. This option is only available for contracts at the amount set forth in RCW 39.08.010 as adopted or hereafter amended. The amount retained by the City shall be the amount as set forth in RCW 39.08.010. Retainage in lieu of payment and performance bonds may only be used by the City for contracts when the requirement of bonds substantially increases the cost of the contract. Section 4. Amendment. Chapter 3.42 SVMC is amended as follows: 3.42.010 Public work equal to or less than$40,000 for one trade and$65,000 for two or more trades and greater than $15,000. When entering into a contract for public work equal to or less than $40,000 if only one trade or craft is involved, or $65,000 if two or more trades are involved, but greater than $15,000, the responsible department shall obtain three or more proposals for the public work required, select the lowest responsible proposal, and maintain a record of the process followed. Alternatively,the department may utilize the small works roster and process pursuant to Chapter 3.41 SVMC. If less than three proposals are received, City staff shall not be required to resubmit for additional proposals, but shall select from the proposals submitted. If no proposals are received, City staff shall not be required to resubmit for additional proposals, but may negotiate with any available contractor. 3.42.020 Public work equal to or less than $15,000. When entering into a contract for public work in an amount equal to or less than $15,000, the responsible department is encouraged, but is not required, to use a competitive bidding process, including obtaining three proposals pursuant to SVMC 3.42.010, or using the small works roster and process pursuant to Chapter 3.41 SVMC. If a competitive process is not utilized, the responsible department shall seek to achieve maximum quality at minimum cost by making an award based on its experience and knowledge of the market. 3.42.030 Exception to selection processes. If a situation should arise which requires immediate action on the part of the City to protect the best interests of the City or the health, safety or welfare of the citizens of the City, and where it is not possible to timely adhere to the procedures set forth in SVMC 3.42.010 and 3.42.020, the selection procedures set forth in this chapter may, with prior approval of the City Manager, be waived by the department director, and the contract may be awarded without following the procedures set forth in SVMC 3.42.010 and 3.42.020.The circumstances giving rise to such waiver shall be documented in writing. 3.42.040 Performance and payment bonds. Ordinance 17-012 Page 9 of 12 Before entering into a contract for any public work or work by contract on which prevailing wage is required to be paid, regardless of the amount of such contract except as provided below, a performance bond and a payment bond shall be required in such amounts as are reasonably necessary to protect the best interests of the City and to ensure complete, proper and full performance of the contract and full payment of all laborers, mechanics, and subcontractors and material suppliers. A performance bond and a payment bond shall be required on all public work projects,pursuant to and in the manner set forth in RCW 39.08.010 through 39.08.030, as adopted or amended. Performance and payment bonds shall be released upon completion of all necessary performance and payment conditions. Pursuant to RCW 39.08.010, for certain public works and works by contract on which prevailing wage is required to be paid, at the contractor's option,the City may, in lieu of requiring payment and performance bonds, retain a percentage of the contract amount until the later of 30 days after final acceptance or until receipt of all necessary releases from the Washington State Department of Revenue,the Employment Security Department,and the Washington State Department of Labor and Industries and settlement of any labor, material, or tax liens filed pursuant to Chapter 60.28 RCW. This option is only available for contracts at the amount set forth in RCW 39.08.010 as adopted or hereafter amended. The amount retained by the City shall be the amount as set forth in RCW 39.08.010. Retainage in lieu of payment and performance bonds may only be used by the City for contracts when the requirement of bonds substantially increases the cost of the contract. Section 5. Amendment. Chapter 3.46 SVMC is amended as follows: 3.46.010 Contracts for services. A. This chapter shall not apply to architectural and engineering services,the procurement of which is governed by chapter 3.45 SVMC. B. When entering into a contract for services where the contract is (1) expected to exceed $100,000, or (2) is expected to be greater than$15,000 and expected to be effective for more than one year, a competitive selection process shall be used. This process may include a "request for qualifications" or "request for proposals" process or formal competitive bidding procedures pursuant to SVMC 3.40.010. C. When entering into a contract for services where the contract is not expected to exceed $100,000, is expected to be greater than$15,000, and is not expected to be effective for more than one year,the responsible department shall obtain three or more proposals for the services required, select the lowest responsible proposal, and maintain a record of the process followed. The responsible department may use the consultant roster pursuant to SVMC 3.46.020 to obtain proposals. D. When entering into a contract for services where the contract is not expected to exceed$15,000, the responsible department is encouraged, but is not required, to use a competitive selection process,such as obtaining three proposals pursuant to subsection C of this section.If a competitive process is not utilized, the responsible department shall seek to achieve maximum quality at minimum cost by making an award based on its experience and knowledge of the market. 3.46.020 Consultant roster for non-architectural and engineering services. Ordinance 17-012 Page 10 of 12 Annually, or in response to specific projects or work as set forth above,the City shall encourage, through notice published in a newspaper of general circulation,non-architectural and engineering firms to submit a statement of qualifications which can be used to select firms that provide services to the City. The City Clerk shall maintain the consultant roster for non-architectural and engineering services, to be called the "consultant roster for non-architectural and engineering services" or such other title as may be appropriate, and further shall maintain all statements of qualifications submitted, all of which shall be available for public inspection. The City Manager shall establish procedures for the maintenance and use of the consultant roster for non-architectural and engineering services. 3.46.030 Exception to selection processes. A. Notwithstanding SVMC 3.46.010 through 3.46.020,when contracting for services which have historically and traditionally been considered professional services, such as attorneys and accountants, the responsible department may, when determined to be in the best interest of the City, obtain such services by negotiation without going through a competitive procurement process. Such services significantly rely upon the quality of expertise provided, rather than the cost of service. B. If a situation should arise which requires immediate action on the part of the City to protect the best interests of the City or the health, safety or welfare of the citizens of the City, and where it is not possible to timely adhere to the procedures set forth in SVMC 3.46.010, the selection procedures set forth in this chapter may, with prior approval of the City Manager, be waived by the department director, and the contract may be awarded without following the procedures set forth in SVMC 3.46.010. The circumstances giving rise to such waiver shall be documented in writing within 14 days. Section 6. Severability. If any part of this Ordinance is declared unenforceable, invalid, or unconstitutional,such unenforceability,invalidity,or unconstitutionality shall not affect the enforceability, validity, or constitutionality of the remainder. Section 7. Effective Date. This Ordinance shall be in full force and effect five days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by law. Passed by the City Council of the City of Spokane Valley this 24th day of October,2017. City o S'okay Valley -11-4. - \ w4 .� L.R. Higgins, , ay� Ordinance 17-012 Page 11 of 12 ATTEST: +-70-V Christine Bainbridge,City Clerk Approved as to Form: � /� : �( Office c f he Ci ttorney Date of Publication: K ID -27- (7 Effective Date: k i7 1 ( - 0 ( - 17 Ordinance 17-012 Page 12 of 12